Arizona Arizona Revised Statutes

§ 8-384 — Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition

ARS § 8-384Title 8. Child Safety · Ch. 3. JUVENILE OFFENDERS · Art. 7. Victims' Rights for Juvenile Offenses

Statute text

8-384. Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designation at any time and exercise the victim's rights. B. If a victim is incompetent, deceased or otherwise incapable of designating another person to act in the victim's place, the court may appoint a lawful representative who is not a witness. If at any time the victim is no longer incompetent, incapacitated or otherwise incapable of acting, the victim may personally exercise the victim's rights. C. If the victim is a minor or vulnerable adult the victim's parent or other immediate family member may exercise all of the victim's rights on behalf of the victim. If the delinquent act is alleged against a member of the minor's or vulnerable adult's immediate family, these rights may not be exercised by that person but may be exercised by another member of the immediate family unless the court, after considering the guidelines in subsection D of this section, finds that another person would better represent the interests of the minor or vulnerable adult for purposes of this chapter. D. The court shall consider the following guidelines in appointing a representative for a minor or vulnerable adult victim: 1. Whether the minor or vulnerable adult has a relative who would not be so substantially affected or adversely impacted by the conflict resulting from the allegation of a delinquent act against a member of the immediate family of the minor or vulnerable adult that the representative could not represent the victim. 2. The representative's willingness and ability to do all of the following:

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